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Articles 31 - 60 of 129
Full-Text Articles in Law
The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance., Ramona L. Lampley
The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance., Ramona L. Lampley
St. Mary's Law Journal
Abstract forthcoming.
I'Ll Make Him An Offer He Can't Refuse: A Proposed Model For Alternative Dispute Resolution In Intellectual Property Disputes, Kevin M. Lemley
I'Ll Make Him An Offer He Can't Refuse: A Proposed Model For Alternative Dispute Resolution In Intellectual Property Disputes, Kevin M. Lemley
Akron Law Review
This article will discuss alternative dispute resolution in intellectual property disputes. A conceptual approach will be applied in an effort to better formulate the parties’ strategies towards litigation or alternative dispute resolution. Alternative dispute resolution (ADR) is a maturing area of the law, and its application to intellectual property disputes is complicated.1 These complications make any analysis difficult to organize. This article will discuss the underlying components of ADR and intellectual property disputes in a step-by-step fashion. Part I of this article discusses intellectual property rights and presents two conceptual interests underlying these rights. Deciding whether to litigate or pursue …
Contingency Of Openness In Courts: Changing The Experiences And Logics Of The Public's Role In Court-Based Adr, Judith Resnik
Contingency Of Openness In Courts: Changing The Experiences And Logics Of The Public's Role In Court-Based Adr, Judith Resnik
Nevada Law Journal
No abstract provided.
Arbitration Of Islamic Financial Disputes, Dr. Aida Maita
Arbitration Of Islamic Financial Disputes, Dr. Aida Maita
Annual Survey of International & Comparative Law
Using arbitration as a means of resolving Islamic finance disputes is gaining popularity in the Middle East, as well as in other Muslim States in South-East Asia and Africa. This is evident in the number of studies and articles that have been presented on this subject by Islamic finance experts and the legal community at large. Major arbitration institutions in the region are also positioning themselves to cater to this industry’s growing demand for dispute resolutions because many of these disputes tend to be of high profile and value. While the industry historically has preferred litigation over adjudication, and non-Islamic …
Minding The Gap: A Call For Standardizing Pre-Dispute Arbitration Clauses In Otc Derivative Transactions, Zachary E. Davison
Minding The Gap: A Call For Standardizing Pre-Dispute Arbitration Clauses In Otc Derivative Transactions, Zachary E. Davison
NYLS Law Review
No abstract provided.
The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law, Okezie Chukwumerije
The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law, Okezie Chukwumerije
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, significance and role of the effective-vindication doctrine in U.S. arbitration law in promoting access to justice. It analyzes the significance of broad policy implications regarding the interpretation of the Federal Arbitration Act (FAA) by the Court facilitating the arbitration of commercial disputes and protecting the statutory rights of consumers in the context of the U.S. Supreme Court's decision in Green Tree Financial Corp. v. Randolph.
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Pepperdine Dispute Resolution Law Journal
The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.
Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, development and significance of the adoption and implementation of the alternative dispute resolution (ADR) techniques in Nicaragua and Rwanda. The ADR system addresses the issues of women and children suffering from domestic abuse and from the repercussions of the Rwandan Genocide and helps in rebuilding and restoring traditional values of family and community in the context of human rights.
Luck V. Justice: Consent Intervenes, But For Whom?, Jennifer W. Reynolds
Luck V. Justice: Consent Intervenes, But For Whom?, Jennifer W. Reynolds
Pepperdine Dispute Resolution Law Journal
Consent in civil settlements should improve access to and delivery of justice by making luck (chance, contingencies, arbitrariness) less significant in process and outcomes. Consent-based processes and private settlement are supposed to support justice by redistributing decision-making power away from judicial-coercive authorities to the people most affected by the dispute. But consent today has become little more than a pro forma process lever for bypassing regulation, litigation, and other more formal structures. No longer does consent serve as a reliable bulwark against luck distortions and arbitrariness in legal systems. Opening shrink-wrap (consent to arbitrate!), being shunted into compulsory mediation (consent …
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp
Pepperdine Dispute Resolution Law Journal
The article focuses on the laws made for regulating the party's participation in preserving the principles of mediation for the resolution of disputes related to the foreclosure crisis. Topics discussed include the impact of the foreclosure crisis on the housing and domestic markets, the impact of foreclosures on the sales and price value of the houses and the impact of the foreclosure crisis on the economic conditions of the local communities.
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
Pepperdine Dispute Resolution Law Journal
This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.
Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum
Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum
Pepperdine Dispute Resolution Law Journal
This Note addresses whether there should be an arbitration and mediation section added to both the Uniform Athlete Agent Act (UAAA), and Sports Agent Responsibility and Trust Act (SPARTA) to establish a uniform dispute resolution process for dealing with unscrupulous acts of athlete agents. This issue is distinctive because while all four professional sports leagues’ players associations have specific arbitration procedures in their athlete agent regulations, the two statutes governing athlete agent conduct do not adopt a uniform policy relating to arbitration procedures. This Note addresses the prior history of state and federal legislation pertaining to an athlete agent, including …
Don't Tread On Me: The Need For An Alternate Dispute Resolution Process For The Creators And Uploaders Of User-Generated Content, Scott A. Tarbell
Don't Tread On Me: The Need For An Alternate Dispute Resolution Process For The Creators And Uploaders Of User-Generated Content, Scott A. Tarbell
Pepperdine Dispute Resolution Law Journal
This article analyzes the current position that UGC site users find themselves in relation to their ability to dispute copyright infringement claims. Part II discusses the introduction and purpose of the DMCA along with the statutory provisions and case law relevant to the subject. Part III covers the underlying issues encumbering the current appeals process for the OSPs as dictated under the DMCA, and why changes are required. Part IV advocates for a new dispute process, one in favor of online alternative dispute resolution (OADR), and explains how this new paradigm would produce more equitable results for UGC site users. …
Online Alternative Dispute Resolution And Why Law Schools Should Prepare Future Lawyers For The Online Forum, Jordan Goldberg
Online Alternative Dispute Resolution And Why Law Schools Should Prepare Future Lawyers For The Online Forum, Jordan Goldberg
Pepperdine Dispute Resolution Law Journal
Goldberg discusses traditional law school curriculums and how the addition of ADR courses has supplemented the traditional law school curriculum in a way that helps law schools achieve educational and academic recommendations, suggested by various studies including the Carnegie Report and the Best Practices for Legal Education. The author then shows that the effects of globalization and the increased use of technology in daily life have caused a higher demand for OADR in legal practice. Further, because there is a growing use of technology in K-12 curriculums and the nation’s youth are becoming more technologically savvy every year, it is …
All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez
All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez
Georgia Journal of International & Comparative Law
No abstract provided.
From Integration To Multiculturalism: Dr. King's Dream Fifty Years Later, Al Sturgeon
From Integration To Multiculturalism: Dr. King's Dream Fifty Years Later, Al Sturgeon
Pepperdine Dispute Resolution Law Journal
The author offers information on transformation from integration to multiculturalism in the U.S. He states that tolerance became a popular term following the victories achieved in the Civil Rights Era and choice between segregation and integration was a familiar topic of the Era. He mentions that a call for integration to the multiculturalism movement underlies an attempt to move beyond legal recognition to an appreciation of differences.
Sino-American Contract Bargaining And Dispute Resolution, Garrick Apollon
Sino-American Contract Bargaining And Dispute Resolution, Garrick Apollon
Pepperdine Dispute Resolution Law Journal
The article offers information on international trade disputes between the U.S. and China. Topics include economic interdependency of Sino-American trade, cross-legal and cross-cultural relationships between the U.S. and China, and the historical and cultural preference for Alternative Dispute Resolution (ADR) in China. Other topics include learning of cross-cultural management and international business negotiation.
Even Adr Must Pay Its Dues: An Analysis Of The Evolution Of The Internal Revenue Service's Adr Programs And Where They Still Need To Grow, Stephen Folan
Pepperdine Dispute Resolution Law Journal
The article offers information on the evolution, development and effectiveness of the alternative dispute resolution (ADR) programs in the Internal Revenue Service (IRS) appeals system. It analyzes the history of the IRS's post-appeal mediation and arbitration systems and advocates adoption of its contemporary commercial arbitration principles to increase the ADR program's desirability for both the taxpayers and the IRS. It proposes cost-effective measures for dispute resolution processes.
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
The Journal of Business, Entrepreneurship & the Law
The Delaware Arbitration Program established a procedure by which businesses can agree to have their disputes heard in an arbitration proceeding before a sitting judge of the state’s highly regarded Chancery Court. The Program arguably offers a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy. It also may enhance the reputation of Delaware as the forum of choice for businesses. But the Program’s ambitious intermingling of public and private forums brings into play the longstanding tug-of-war between the traditional view of court …
Let Us Reason Together: The Role Of Process In Effective Mediation, Howard W. Cummins
Let Us Reason Together: The Role Of Process In Effective Mediation, Howard W. Cummins
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Globalization And Financial Dispute Resolution: Examining Areas Of Convergence And Informed Divergence In Financial Adr, Shahla F. Ali
Globalization And Financial Dispute Resolution: Examining Areas Of Convergence And Informed Divergence In Financial Adr, Shahla F. Ali
Journal of Dispute Resolution
The global reach of the financial crisis calls for renewed investigation on the impact of globalization on international legal practice. Part One of this paper examines the theoretical perspectives on the impact of globalization on international legal practice. Part Two provides a global review of financial dispute resolution programs, including arbitration models and ombudsman systems, developed to address the financial complaints of retail investors that intensified during and after the financial crisis. Australia, the United Kingdom, the United States, Singapore and Hong Kong are featured because they each reflect either the ombudsman or arbitration model of financial dispute resolution. Part …
Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth", Lauren A. Newell
Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth", Lauren A. Newell
Pepperdine Dispute Resolution Law Journal
Poets rhapsodize about it, the Beatles sing about it, philosophers debate it, psychologists study it, and chocolate induces it. Disney, on the other hand, claims title to it: happiness. This Article examines, in the context of Roger Fisher and Daniel Shapiro's "Core Concerns" framework and general negotiation theory, the degree to which The Walt Disney Company creates happiness for those at the Walt Disney World Resort, particularly Walt Disney World's guests and cast members. It begins with a brief discussion of happiness and of negotiation theory. This Article next examines how Disney creates at Walt Disney World a negotiating environment …
Adr And Sport: Settling Disputes Through The Court Of Arbitration For Sport, The Fifa Dispute Resolution Chamber, And The Wipo Arbitration & Mediation Center, Ian Blackshaw
Marquette Sports Law Review
No abstract provided.
Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller
Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller
Pepperdine Law Review
No abstract provided.
Access To Consumer Remedies In The Squeaky Wheel System , Amy J. Schmitz
Access To Consumer Remedies In The Squeaky Wheel System , Amy J. Schmitz
Pepperdine Law Review
This article explores the “Squeaky Wheel System” (“SWS”) in business-to-consumer (“B2C”) contexts, referring to merchants’ reservation of purchase remedies and other contract benefits for only the relatively few “squeaky wheel” consumers who have the requisite information and resources to persistently seek assistance. The article uncovers how this system fosters contractual discrimination and hinders consumers’ awareness and access with respect to contract remedies. It also adds empirical insights from my recent e-survey, and offers suggestions for using the internet to empower consumers of all economic and status levels with efficient and accessible means for learning about their purchase rights and asserting …
Adr And A Smile: Neocolonialism And The West's Newest Export In Africa, Anthony P. Greco
Adr And A Smile: Neocolonialism And The West's Newest Export In Africa, Anthony P. Greco
Pepperdine Dispute Resolution Law Journal
While the ills of the West's corporatization of the world have long been debated and catalogued, often neglected is the role the law plays in empowering the rich, disenfranchising the poor, and serving as the "handmaiden to empire." Since what has been termed the "rule of law revival," which saw its genesis sometime in the late 1980s, the adoption of Western legal frameworks to help developing and Third World nations transition and gain access to the ever growing global market has become commonplace. With the coming of the Alternative Dispute Resolution (ADR) revolution during the last few decades, the West …
First, Do No Harm: The Consequences Of Advising Clients About Litigation Alternatives In Medical Malpractice Cases., Katerina P. Lewinbuk
First, Do No Harm: The Consequences Of Advising Clients About Litigation Alternatives In Medical Malpractice Cases., Katerina P. Lewinbuk
St. Mary's Journal on Legal Malpractice & Ethics
This Article addresses whether a lawyer's possible duty to inform and advise his client of potential alternative dispute resolution (ADR) options actually leads to better results for doctors in medical malpractice cases. This Article first explains different theories supporting a potential duty and then argues that all such theories praising ADR rely on the assumption that "valuable" alternatives to litigation always exist and are available to all litigants. That notion is arguably not always true for a physician defending against malpractice complaints; thus, the duty becomes almost meaningless in such cases. With the adoption of the National Practitioner Data Bank …
Mending The Fracture: Bringing Parties Together On High Volume Hydraulic Fracturing Through Alternative Dispute Resolution, Allison Rose
Mending The Fracture: Bringing Parties Together On High Volume Hydraulic Fracturing Through Alternative Dispute Resolution, Allison Rose
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
"Brother Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson
"Brother Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson
Nevada Law Journal
No abstract provided.
Family, The Market, And Adr, The, Amy J. Cohen
Family, The Market, And Adr, The, Amy J. Cohen
Journal of Dispute Resolution
This Article proceeds in three Parts. I begin by briefly summarizing what I will refer to as separate spheres ideology-the idea that our normative understandings of the family and the market are constructed in contradistinction to one another. I then show how this conceptual distinction between the family and the market shaped the development of alternative dispute processing during two periods of time. The first period, which I introduce to frame the second, examines how dispute processing reformers-beginning during the Progressive era and continuing to the 1930s-distinguished alternative forums for family disputes from alternative forums for commercial ones. In Part …